Gauhati High Court
Page No.# 1/7 vs Preetam Saikia And Ors on 3 November, 2025
Page No.# 1/7
GAHC010115092020
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/366/2020
MOINUL HOQUE AND ANR.
S/O. LT. NUR MOHAMMAD, VILL. FILAMARI, WARD NO.1, P.O. AND P.S.
LAKHIPUR, DIST. GAOLPARA, ASSAM.
2: ON THE DEATH OF SAMIRUDDIN TALUKDAR HIS LEGAL HEIR
REHENA BEGUM
WIFE OF LATE SAMIRUDDIN TALUKDAR
VILL AND PO RAJMITA
DIST-GOALPARA
ASSAM
PIN-783129
VERSUS
PREETAM SAIKIA AND ORS.
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION
SECONDARY DEPTT., DISPUR, GUWAHATI-06.
2:SHYAM JAGANNATHAN
IAS
COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-06.
3:P JIDUNG
THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
Page No.# 2/7
4:NIPEN DAS
THE INSPECTOR OF SCHOOLS
G.D.C.
GOALPARA
P.O. AND DIST. GOALPARA
ASSAM
PIN-783101.
5:MOMOTA HOJAI
AES
DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
6:SADULLAH KHAN
AES
INSPECTOR OF SCHOOLS
GDC
GOALPARA
PO AND DIST- GOALPARA
ASSAM
PIN-783101.
7:SHRI BHARAT BHUSHAN DEV CHOUDHURY
IAS
SECRETARY TO THE GOVT. OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
8:BIJOYA CHOUDHURI
IAS
SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
9:SHRI MANISH THAKUR
IAS
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
10:SHRI JAYANT NARLIKAR
IAS
Page No.# 3/7
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
11:SHRI NARAYAN KONWAR
IAS
SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6
Advocate for the Petitioner : MR. U K NAIR, MR R ISLAM,MS. A HUSSAIN
Advocate for the Respondent : MR. D SAIKIA (R1,3), MR P NAYAK (R-10),MR A CHALIHA (R-
10),R M BAROOAH (R-10),MR. B GOGOI (R-10),MR B KAUSHIK (R-11),MR. N J
KHATANIAR(R-11),MR. R MAZUMDAR (R1),MR S M T CHISTIE (R1,3,6)
Linked Case : Cont.Cas(C)/376/2020
RATAN CHANDRA SHIL AND 2 ORS.
S/O- LT. BHAIRAB CH. SHIL
VILL- TARIARBHATI
P.O. JALESWAR
P.S. LAKHIPUR
DIST.- GOALPARA (ASSAM)
2: LAL CHAN ALI
S/O- LT. PIYAR ALI
R/O- BANNYAGURI
P.O. JALESWAR
DIST.- GOALPARA (ASSAM)
3: HABEZ UDDIN
S/O- ABDUL GAFFAR
R/O- BAMUNURBHITA
P.O. JALESWAR
DIST.- GOALPARA (ASSAM)
VERSUS
PREETAM SAIKIA AND ORS.
IAS
COMM. AND SECY. TO THE GOVT. OF ASSAM
Page No.# 4/7
EDUCATION SECONDARY DEPTT.
DISPUR
GHY-6
2:SHYAM JAGANNATHAN
IAS
COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-6
3:P. JIDUNG
THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
4:NIPEN DAS
THE INSPECTOR OF SCHOOLS
G.D.C.
GOALPARA
P.O. AND DIST.- GOALPARA
ASSAM
PIN- 783101
5:MOMOTA HOJAI
AES
DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
6:SADULLAH KHAN
AES
INSPECTOR OF SCHOOLS
G.D.C.
GOALPARA
P.O. AND DIST. GOALPARA
ASSAM
PIN - 783101.
7:SRI BHARAT BHUSHAN DEV CHOUDHURY
IAS
SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
Page No.# 5/7
8:SMT. BIJOYA CHOUDHURI
IAS
SECRETARY TO THE GOVERNMENT OF ASSAM
SECONDARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
9:SHRI MANISH THAKUR
IAS
COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
10:SHRI JAYANTA NARLIKAR
IAS
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
11:SHRI NARAYAN KONWAR
IAS
SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
GUWAHATI-6.
------------
Advocate for : MR. U K NAIR
Advocate for : MR. S M T CHISTIE (R-6) appearing for PREETAM SAIKIA AND
ORS.
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
03.11.2025
Heard Mr. R Islam, learned counsel for the petitioners. Also heard Mr. N J
Khataniar, learned counsel appearing for the contemnor/respondent No. 11 as well as
Ms. R M Baruah, learned counsel for the contemnor/respondent No. 10.
None appears for the remaining contemnors/respondents.
Page No.# 6/7
It appears that by way of the instant contempt petition, the petitioner has brought
to the notice of this Court the alleged non-compliance of the common judgment and
order dated 26.09.2019 passed in WP(C) No. 4447/2014 and WP(C) No. 4409/2014,
whereby the respondent authorities were directed to create necessary supernumerary
posts, if needed, to accommodate the petitioners in these two writ petitions, within a
period of six months from the date of receipt of certified copy of the said judgment
and order and was further pleased to direct after making necessary verification to
release the arrear salary for the period in question to the petitioners when they have
been regularly appointed/utilized as their services have been regularly utilized on the
basis of the recommendations made by the Selection Committee.
It appears that till date, none of the contemnors filed response to the show-cause
received by them in the instant contempt petition.
Mr. N J Khataniar, learned counsel for the contemnor/ respondent No. 11 submits
that the matter is at the compliance stage and he shall file an affidavit in this regard at
the earliest.
This Court deprecates the manner in which the contempt petition has been
casually treated by the contemnors/respondents on the pretext that an appeal has
been preferred before the division bench of this Court, though there was no stay
operating in the said appeal. Pertinent that the said appeal in the meantime has also
been dismissed by the appellate Court. That apart, despite the dismissal of the said
appeal, the judgment and order dated 26.09.2019 is still not complied with.
Be that as it may, before proceeding further in the matter, as prayed for by Mr. N
J Khataniar, learned counsel for the contemnor/respondent No. 11, relist on
14.11.2025 by way of a last opportunity.
It is needless to be clarified that in the event the response of the
contemnors/respondents are not placed on record by the next date of listing, the
erring contemnors/respondents shall remain present before the Court on the said
Page No.# 7/7
date.
Let copy of this order be furnished to the learned counsels for all the
contemnors/respondents.
JUDGE
Comparing Assistant
